51998AP0023

A4-0023/98

Proposal for a European Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment (COM(97)0257 - C4-0275/97 - 97/0149(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a European Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment

>Text following EP vote>

Proposal for a European Parliament and Council Directive on radio and telecommunications terminal equipment and the mutual recognition of their conformity

('Connected telecommunications equipment¨ (CTE) to be replaced by 'radio and telecommunications terminal equipment¨ (RTTE) throughout the text)

(Amendment 2)

Recital 3a (new)

>Text following EP vote>

3a. Whereas, given the increasing importance of telecommunications terminal equipment and networks using radio transmission besides equipment connected through wired links, any rules governing the manufacturing, marketing and use of RTTE should cover both classes of such equipment;

(Amendment 3)

Recital 10

>Original text>

10. Whereas connected telecommunications equipment can occupy an excessive proportion of limited resources such as radio frequency spectrum;

>Text following EP vote>

10. Whereas the most efficient possible use according to the state of the art of limited resources such as radio frequency spectrum is to be ensured and promoted;

(Amendment 4)

Recital 14

>Original text>

14. Whereas telecommunications are important to the well- being and employment of people with disabilities who represent a substantial and growing proportion of the population of Europe;

>Text following EP vote>

14. Whereas telecommunications are important to the well- being and employment of people with disabilities who represent a substantial and growing proportion of the population of Europe; whereas telecommunications equipment should therefore whenever possible be designed in such a way that disabled people may use it without or with only minimal adaptation;

(Amendment 5)

Recital 20a (new)

>Text following EP vote>

20a. Whereas this Directive does not restrict the non- commercial building, transformation or use of RTTE in amateur radio and satellite services by licensed radio amateurs;

(Amendment 6)

Article 1

>Original text>

This Directive establishes a European Community regulatory framework for the placing on the market, free circulation and putting into service of Connected Telecommunications Equipment (CTE) which complies with the essential requirements

>Text following EP vote>

This Directive establishes a European Community regulatory framework for the placing on the market, free movement and putting into service of radio equipment (RE) operating in harmonized frequency bands and for terminal telecommunications equipment (TTE) attached to fixed networks. This Directive also establishes a European Community regulatory framework for the free movement of radio telecommunications equipment (RTE).

(Amendment 7)

Article 2(e)

>Original text>

A technical specification adopted by a recognized standards body under a mandate from the Commission in conformity with the procedures laid down in Council Directive 83/189/EEC for the purpose of establishing a European requirement, compliance with which is not compulsory.

>Text following EP vote>

A technical specification adopted by a recognized standards body under a mandate from the Commission in conformity with the procedures laid down in Council Directive 83/189/EEC for the purpose of establishing a European requirement, compliance with which is recommended and may be encouraged while not being compulsory.

(Amendment 8)

Article 3

>Original text>

1. The following general essential requirements are applicable to all CTE:

>Text following EP vote>

1. The RTTE referred to in Article 2 shall be so constructed that :

(-a) the equipment or the proper use thereof does not endanger the health or the safety of the user or any other person;

(-aa) within reasonable possibilities the equipment may be used by disabled users or can be adapted to their needs;

>Original text>

(a) the essential requirements contained in Directive 73/23/EEC with respect to safety whatever the voltage limits of the CTE;

(b) the essential requirements contained in Directive 89/336/EEC with respect to electromagnetic compatibility.

>Text following EP vote>

(a) the essential requirements contained in Directive 73/23/EEC with respect to safety whatever the voltage limits of the RTTE are satisfied;

(b) the essential requirements contained in Directive 89/336/EEC with respect to electromagnetic compatibility are satisfied;

>Original text>

2. The specific essential requirements applicable to each type of CTE may be selected in accordance with the provisions of Article 4 from the following list:

(a) prevention of misuse of network resources causing an unacceptable degradation of service to other than the user of the CTE;

(b) interworking via network(s) and Community-wide portability between ONTPs of the same type;

(c) effective use of the spectrum allocated to terrestrial/space radio communication.

>Text following EP vote>

2. Radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources, in accordance with International Telecommunications Union (ITU) radio regulations and European Radiocommunications Committee (ERC) decisions. For equipment exclusively intended for the amateur radio service as defined by ITU radio regulation RR S1.56 and for the amateur satellite service as defined by radio regulation RR S1.57, compliance with the essential requirements can be demonstrated by a technical specification covering only limitation of emissions outside bands allocated to the amateur radio service without prejudice to Article 8.

>Original text>

>Text following EP vote>

2a. Terminal equipment shall be so constructed that:

(a) misuse of network resources causing an unacceptable deterioration in service is prevented;

(b) it properly interworks with the network(s).

>Text following EP vote>

2b. In accordance with the procedure laid down in Article 12, the Commission may decide that terminal equipment within certain equipment classes shall be so constructed that:

(a) it can be ported between NTPs of the same type in the Community

and/or that

(b) it contains safeguards to ensure that the individual privacy of the user is protected

and/or that

(c) it supports certain features ensuring access to safety and emergency services.

>Text following EP vote>

2c. In the interest of people with special needs and in accordance with the procedure laid down in Article 12, the Commission may decide that terminal equipment which may be used by people with special needs shall support certain features.

>Text following EP vote>

2d. In the case of harmonised standards, the applicable essential requirements to each RTTE type shall be specified by the European Telecommunications Standards Institute (ETSI).

(Amendment 9)

Article 4

>Original text>

Identification of relevant specific essential requirements

>Text following EP vote>

Publication of specifications of interface points

>Original text>

1. The Commission shall identify the specific essential requirements applicable to each CTE type in accordance with the procedure laid down in Article 12. In selecting the applicable essential requirements, the Commission shall give, as appropriate, due consideration to:

(a) protection of health,

(b) features for users with disabilities,

(c) features for emergency and security services,

(d) protection of individual privacy.

>Text following EP vote>

1. Member States shall notify the Commission of the radio interfaces they have regulated unless they have been notified pursuant to the provisions of Directive 83/189/EEC. After consulting the Committee provided for in Article 12, the Commission shall establish the equivalence between the interfaces notified and shall determine an equipment category indicator, which shall be published in the Official Journal of the European Communities.

>Original text>

The applicable specific essential requirements shall be published in the Official Journal of the European Communities

>Original text>

2. Member States shall notify the Commission of the types of ONTP which are available or due to become available as soon as they are aware of them. In turn, the Commission shall inform the Committee referred to in Article 12 (hereinafter referred to as 'the Committee') of existing and planned ONTP types.

>Text following EP vote>

2. Member States shall notify the Commission of the types of NTP which are used by networks offering services to the public. Member States shall ensure that the operators of networks offering services to the public publish and regularly update accurate and adequate technical specifications concerning these network termination points. These specifications should be in sufficient detail to permit the design of compatible terminal equipment.

>Original text>

3. Member States shall ensure that the operators of all networks publish and regularly update accurate and adequate technical specifications of the available ONTPs and the CTE types supported. The specifications should be in sufficient detail to permit the design of compatible CTE.

(Amendment 10)

Article 5

>Original text>

1. When CTE meets the relevant harmonized standards whose reference numbers have been published in the Official Journal of the European Communities, Member States shall presume compliance with those of the essential requirements referred to in Article 3 and Article 4 as are covered in these standards. At the choice of the manufacturer and, in particular, in the absence of a harmonized standard, compliance with the relevant essential requirements can be demonstrated by means of compliance with a technical specification appropriate to the relevant essential requirements.

>Text following EP vote>

1. When RTTE meets the relevant harmonized standards whose reference numbers have been published in the Official Journal of the European Communities, Member States shall presume compliance with those of the essential requirements referred to in Article 3 and Article 4 as are covered in these standards. In the absence of a harmonized standard, compliance with the relevant essential requirements can be demonstrated by means of compliance with a publicly available specification appropriate to the relevant essential requirements in accordance with the procedures provided for in Article 9(4).

>Original text>

2. Where a Member State or the Commission considers that a harmonized standard referred to in paragraph 1 does not conform to the selected specific essential requirements referred to in Article 3(2) and Article 4(1), the Commission or the Member State concerned shall bring the matter before the Committee and initiate the procedures described in Article 12.

>Text following EP vote>

2. Where a Member State or the Commission considers that a harmonized standard or a specification referred to in paragraph 1 does not comply with the essential requirements referred to in Article 3, which it is intended to cover, the Commission or the Member State concerned shall bring the matter before the Committee.

>Text following EP vote>

After consulting the Committee, and in accordance with the procedure provided for in Article 12, the Commission may circulate guidelines concerning the interpretation of the harmonized standard and may publish a list of the corrections made to the harmonized standard, pending formal correction thereof. After consulting the Committee, and in accordance with the procedure provided for in Article 12, the Commission may withdraw the harmonized standards from publication in the Official Journal of the European Communities.

(Amendment 20)

Article 6(2)

>Original text>

2. Member States shall ensure that connection of CTE to appropriate ONTPs is not refused on the grounds of technical incompatibility when the CTE complies with the requirements of Article 3.

>Text following EP vote>

2. Member States shall ensure that network operators do not refuse connection of RTTE to appropriate network termination points on technical grounds when the equipment complies with the requirements of Article 3, except in emergency cases where the protection of the network requires the equipment to be disconnected without delay, and the user can be offered an alternative solution.

(Amendment 13)

Article 6(3a) (new)

>Text following EP vote>

3a. Where a telecommunications operator can demonstrate that an RTTE declared to be in conformity with this Directive causes damage to his network or is not being used properly, the surveillance authority may authorize him to refuse to connect the equipment to his network. Member States shall notify the Commission of such authorization.

(Amendment 21)

Article 7

>Original text>

1. Where a Member State finds that CTE being placed on the market in its territory does not comply with the essential requirements relevant to the CTE type, it shall take all appropriate measures to withdraw such products from the market and prohibit their being placed on the market.

>Text following EP vote>

1. Where a Member State ascertains that equipment within the scope of this Directive does not comply with the requirements referred to in Article 3, it shall take all appropriate and proportionate measures in its territory to avoid the consequences of such non- compliance, such as authorizing operators to refuse to connect the equipment to their networks, withdrawing the equipment from the market, prohibiting its placing on the market or restricting its free movement.

>Original text>

2. The Member State concerned shall immediately notify the Commission of all decisions relating to non-compliance indicating the reasons for its decision and whether non-compliance is due to:

>Text following EP vote>

2. The Member State concerned shall immediately notify the Commission and other Member States of any such measures indicating the reasons for its decision and whether non-compliance is due to:

>Original text>

(a) incorrect application of the harmonized standards referred to in Article 5,

(b) shortcomings in the harmonized standards referred to in Article 5,

(c) use of an inappropriate technical specification.

>Text following EP vote>

(a) incorrect application of the harmonized standards referred to in Article 5,

(b) shortcomings in the harmonized standards referred to in Article 5,

(c) failure to satisfy the requirements referred to in Article 3, where the equipment does not meet the standards referred to in Article 5(1).

>Original text>

3. Where the non-compliance referred to in paragraph 2 is attributed to shortcomings in the harmonized standards applicable, the Commission shall bring the matter before the Committee within two months of the date of notification by the Member State.

>Text following EP vote>

3. Where the decision referred to in paragraph 1 is attributed to incorrect application of the harmonized standards referred to in Article 5 or a failure to satisfy those requirements, when the equiment does not meet the standards referred to in Article 5(1), the Commission shall consult the parties concerned as soon as possible. If the Commission finds, after such consultations, that the action is justified, it shall immediately inform the Member State that took the action and the other Member States accordingly.

>Text following EP vote>

Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission shall bring the matter before the Committee within two months. The Committee shall deliver an opinion in accordance with the procedure laid down in Article 12. If the Commission finds, after such consultation, that the action is justified, it shall forthwith inform the Member State that took the action and other Member States and shall initiate the procedures referred to in Article 5(2).

>Original text>

4. The Commission shall keep the Member States informed of the progress and outcome of any procedure initiated pursuant to paragraph 3.

>Text following EP vote>

4. The Commission shall keep the Member States informed of the progress and outcome of any procedure initiated pursuant to paragraph 3.

>Text following EP vote>

4a. The Commission shall maintain a record of the cases notified by Member States.

(Amendment 23)

Article 8

>Original text>

1. Manufacturers or their authorized representatives established within the Community who place products on the Community market which do not comply with the applicable essential requirements shall be liable for damage as described in Article 9 of Directive 85/374/EEC and for direct economic damage suffered as a consequence of the non-compliance. The economic damage shall not include any anticipated profits.

>Text following EP vote>

1. Manufacturers or suppliers responsible for placing products on the Community market which do not meet the relevant harmonized standards and do not comply with the applicable essential requirements shall be liable for damage as described in Article 9 of Directive 85/374/EEC and for economic damage suffered by any party as a consequence of the non-compliance. The economic damage shall not include any anticipated profits.

>Original text>

2. Manufacturers or their authorized representatives established within the Community shall not be liable for the damages referred to in paragraph 1 if they can prove that the essential requirement(s) with which their product does not comply had not been identified pursuant to Article 4 at the time when the equipment was placed on the market.

>Text following EP vote>

2. Manufacturers or their authorized representatives established within the Community shall not be liable for the damages referred to in paragraph 1 if the essential requirement(s) with which their product does not comply had not been identified pursuant to Article 4 at the time when the equipment was placed on the market or if they can prove that the equipment was not intended by them to be used within the Community and that the supplier responsible for placing it on the Community market was duly informed of this.

(Amendment 15)

Article 11(1) and (2)

>Original text>

1. CTE complying with the relevant essential requirements shall bear the CE conformity marking referred to in Annex IV. It shall be affixed by the manufacturer or his authorized representative within the Community. Where appropriate, it shall be accompanied by the identification number of the notified body referred to in Article 10(2). Any other marking may be affixed to the equipment provided that the visibility and legibility of the CE marking is not thereby reduced.

>Text following EP vote>

1. RTTE complying with all the relevant essential requirements and all the Directives applicable to it shall bear the CE conformity marking referred to in Annex IV. It shall be affixed by the manufacturer or his authorized representative within the Community. As far as possible, it shall be accompanied by the identification number of the notified body referred to in Article 10(2) and any other relevant information permitting identification of the legal person bearing liability in the event of non-compliance with essential requirements. If conformity derives from compliance with harmonized standards, the reference to the standard may be incorporated into the marking or added to it. Any other marking may be affixed to the equipment provided that the visibility and legibility of the CE marking is not thereby reduced and that it is clearly distinguished from it.

>Original text>

2. No CTE, whether it complies with the relevant essential requirements or not, may bear any other marking which is likely to deceive third parties as to the meaning and form of the CE marking specified in Annex IV.

>Text following EP vote>

2. No RTTE, whether it complies with harmonized standards or not, may bear any other marking which is likely to deceive third parties as to the meaning and form of the CE marking specified in Annex IV.

(Amendment 16)

Article 12

>Original text>

1. The Commission shall be assisted by a Committee, the Telecommunication Conformity Assessment and Market surveillance committee (TCAM), of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

1. The Commission shall be assisted by a Committee, the Telecommunication Conformity Assessment and Market surveillance committee (TCAM), of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission. The Commission shall consult the representatives of the telecommunications network providers, the consumers and the manufacturers on a continuous basis. It shall keep the Committee regularly informed of the outcome of such consultations.

>Original text>

2. The Committee shall be consulted on the matters covered by Articles 4, 5 and 7.

>Text following EP vote>

2. The Committee shall be consulted on the matters covered by Articles 3, 4, 5 and 6. The agendas of its meetings and the relevant texts shall be made public without delay, including on the Internet.

>Original text>

3. The Committee may be consulted, where necessary, on the effectiveness of the surveillance tasks related to the operation of this directive.

>Text following EP vote>

3. The Committee may be consulted, where necessary, on the effectiveness of the surveillance tasks related to the operation of this directive.

>Original text>

4. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Text following EP vote>

4. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Original text>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded immediately.

>Text following EP vote>

The opinion shall be recorded in the minutes and made public without delay, including on the Internet; in addition, each Member State shall have the right to ask to have its position recorded immediately.

>Original text>

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account and decide within one month after having received the opinion of the Committee.

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account and decide within one month after having received the opinion of the Committee.

>Original text>

5. The Commission shall periodically consult the representatives of the telecommunications networks providers, the consumers and the manufacturers. It shall keep the Committee regularly informed of the outcome of such consultations.

(Amendment 17)

Article 13

>Original text>

The Commission shall review the operation of this directive and report thereon to the European Parliament and to the Council, on the first occasion not later than [31 December 1999] and every third year thereafter. This review shall inter alia assess whether the scope of the directive should be maintained or should be reduced taking account of technical development. The report shall cover progress on drawing up the relevant standards, as well as any problems that have arisen in the course of implementation. The report shall also outline the activities of the Committee, and assess progress in achieving an open competitive market for CTE at Community level. It shall in particular examine whether essential requirements are still necessary for all categories of terminal equipment covered.

>Text following EP vote>

The Commission shall review the operation of this directive and report thereon to the European Parliament and to the Council, on the first occasion not later than [31 December 1999] and every third year thereafter. This review shall inter alia assess whether the scope of the directive should be maintained or should be reduced taking account of technical development and how the regulatory framework for placing on the market and putting into service of RTTE should be developed to

(a) ensure that a coherent system is achieved at Community level for all RTTE;

(b) allow for convergence of the telecommunications, audiovisual and information technology sectors;

(c) enable harmonisation of regulatory measures at an international level.

The report shall cover progress on drawing up the relevant standards, as well as any problems that have arisen in the course of implementation. The report shall also outline the activities of the Committee, and assess progress in achieving an open competitive market for RTTE at Community level. It shall in particular examine whether essential requirements are still necessary for all categories of terminal equipment covered.

(Amendment 18)

Article 14(1)

>Original text>

1. The harmonized standards or parts thereof identified through Common Technical Regulations adopted under Directive 91/263/EEC or Directive 93/97/EEC may be used as the basis for a presumption of conformity with the specific essential requirements referred to Article 3(2) and Article 4(1) until such time as the Commission indicates, by publication in the Official Journal of the European Communities, that they are no longer applicable.

>Text following EP vote>

1. The harmonized standards or parts thereof identified through Common Technical Regulations adopted under Directive 91/263/EEC or Directive 93/97/EEC may be used as the basis for a presumption of conformity with the specific essential requirements referred to Article 3. The Commission shall publish a list of references to these standards in the Official Journal of the European Communities immediately after this Directive comes into force.

(Amendment 19)

Article 16

>Original text>

Directive 91/263/EEC, Directive 97/97/EC and Article 11 of Directive 93/68/EEC are hereby repealed.

>Text following EP vote>

From the entry into force of the present Directive, Directive 91/263/EEC, Directive 93/97/EEC and Article 11 of Directive 93/68/EEC shall no longer be applicable to RTTE produced in the Community or in those third countries which grant reciprocal or equivalent treatment to RTTE produced in the Community.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment (COM(97)0257 - C4-0275/97 - 97/0149(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0257 - 97/0149(COD) ((OJ C 248, 14.8.1997, p. 4.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0275/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0023/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.